Chandler dog-park lawsuit dismissed

Costs became too much for critics

by Edythe Jensen - Apr. 9, 2012 10:06 AMThe Republic | azcentral.com

A lawsuit filed against Chandler by disgruntled Shawnee Bark Park neighbors has been dismissed.

But neighbor Wayne Baker said problems that spurred their fight haven't been resolved and he fears escalating conflicts with dog owners. The legal battle just got too expensive and three of the five complaining households dropped out of the case, which was filed last year in Maricopa County Superior Court, he said.

"You can't fight city hall. ... They have deep pockets. Now I'm probably going to put up a big sign on my back fence with 'Keep your dogs quiet' in huge letters," Baker said.

Baker added that neighbors who wanted the city to close the park spent $25,000 on legal fees and those who were left couldn't afford to continue. They also were discouraged by what seemed insurmountable odds of winning. Attorneys representing the city argued that the neighbors couldn't prove the park was a "nuisance" and waited too long after the park opened to make their claims.

City Councilman Rick Heumann said it all could have been avoided had the neighbors, city and park users continued a series of scheduled problem-solving meetings that stopped when the few neighbors sued.

"I'm disappointed that the neighbors decided to go to court and didn't allow the process to work. Now we'll have to see what happens when the dust settles," he said.

The legal battle was part of an escalating years-long fight that pitted a few neighbors against hundreds of park users. Shawnee is a popular off-leash facility southwest of Alma School and Elliot roads. It has attracted increasing numbers of dog owners since the city opened it 12 years ago. But some neighbors who bought their homes before the dog facility was built said they were fed up with noise and offensive odors. They wanted a judge to close the park and the city to pay them for their damaged property values. The group created a website and posted videos of barking canines and piles of feces.

A few city officials have said it wasn't a good idea to locate a playground for loose dogs so close to homes. But when they talked of relocating the park, pet owners submitted petitions opposing the move. The City Council decided to keep it. Many of those who signed the petitions didn't live near the park and some came from outside Chandler.

Chandler has made some modifications since 2009, including an electronic gate to enforce park hours. That didn't appease neighbors, who have said some are tripping the gates to gain entrance after hours. Park users accused the opponents of making false reports to police to build their case and some complained about being videotaped by the residents.

City Attorney Mary Wade said the neighbors requested the dismissal, which includes no award of attorneys fees. She said the cost for Chandler to defend the action was not immediately available.

Shawnee Bark Park

2000: Chandler converts a former neighborhood retention basin near Alma School and Elliot roads into Shawnee Bark Park.

2004: The first controversy over park use comes to City Council's attention after the mother of an 8-year-old challenges a rule that prohibits children younger than 12 from being in the area with loose dogs. Council upholds the rule but reduces violation from a criminal to a civil infraction.

2009: Neighbors complain about heavy park usage, barking, traffic and odors, and ask the city to close it. Chandler officials say it was a mistake to build a dog park so close to houses and assemble a committee of neighbors and park users to discuss a compromise. Electronic gates are installed to enforce park hours, which are 6 a.m. to 10:30 p.m. daily except Tuesdays when it is closed in the morning for maintenance.

January 2010: City opens its fourth dog park, Paseo Vista, atop a former landfill near McQueen and Ocotillo roads. Officials say they are hopeful it will lure some of the canine crowds away from Shawnee.

March 2010: Community Services director Mark Eynatten announces he will shorten Shawnee Bark Park hours. The new hours are 6 a.m. to 8 p.m. Mondays and Wednesday through Saturday, and 9 a.m.-8 p.m. Sundays. The park will be closed on Tuesdays. The city purchases electronic devices with noise that only dogs can hear to deter barking. But some objected to the devices and Chandler returned them to the vendor for a refund.

March 2011: Several neighbors hire an attorney and file a $400,000 claim against the city, saying the park is a public nuisance and a health hazard. The city committee formed to discuss a compromise is disbanded.

May 2011: The neighbors sue the city, seeking a court order that would force Chandler to stop using the site as a bark park and to pay unspecified monetary damages. Park opponents post details about their grievances, including videos, on a website, closeshawneebarkparknow.org.

July 2011: Chandler fights back, asking a judge to dismiss the lawsuit and force the neighbors to pay the city's legal fees.